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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession of the instant crime and reflects his mistake; (b) the Defendant did not have any special penal power in addition to twice fines for the same kind of crime; (c) the blood alcohol concentration of the Defendant at the time of the instant crime was 0.053%, which was relatively high; and (d) the Defendant deposited KRW 4 million for the victim at the lower court.
However, in light of the following: (a) the Defendant, while driving a vehicle under the influence of alcohol, proceeded as it is while driving the vehicle, and the Defendant suffered injury in need of about 10 weeks of treatment due to the negligence of the victim who entered the intersection first at the time when he entered the intersection by the occupational negligence; (b) the degree of injury of the victim is relatively heavy; and (c) the victim did not agree with the victim until the trial is in fact; and (d) there are no special circumstances to change the sentence of the lower court when the reasons for sentencing are reasonable and the judgment of the lower court came into the trial; and (b) other various circumstances, such as the Defendant’s age, character, character, intelligence, intelligence and environment, motive and background, means, means, method, and consequence of the crime, criminal records, and conditions before and after the crime, etc., the sentence imposed by the lower court is deemed to be adequate
Therefore, each of the above unfair sentencing arguments by the defendant, his defense counsel, and prosecutor is rejected.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.